McKenna v MGN Ltd [2007] EWHC B12 (QB) (16 July 2007)

McKenna v MGN Ltd [2007] EWHC B12 (QB) (16 July 2007)

The claimant must pay the costs attributable to the malice/aggravated damages issue, as there was no legal basis for vicarious liability or conspiracy and the plea was abandoned. Indemnity costs are refused as Part 36 does not apply to settlements and the claimant's conduct did not justify such an order. The claimant's recoverable costs are reduced by 15% for evasive conduct and unnecessary expenditure, with further specific disallowances for the US university survey and certain case management costs. The defendant is awarded costs incurred after 28 July 2006, except where otherwise agreed.

Citation
[2007] EWHC B12 (QB)
Parties
Claimant: Mr. McKenna; Defendant: MGN Ltd.
Jurisdiction
England and Wales
Judgment Date
16 July 2007
Procedural Posture
Libel Action / Post Trial Costs Ruling
Outcome
Costs apportioned: claimant to pay costs attributable to malice issue; claimant's recoverable costs reduced by 15%; defendant awarded costs after 28 July 2006; specific items disallowed; no indemnity costs.
Legal Topics
Costs, Malice, Vicarious Liability, Indemnity Costs, Part 36 Offers, Case Management
Defamation Civil Procedure Costs Malice Vicarious Liability Indemnity Costs Part 36 Offers Case Management

Case Brief

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Parties

Mr. McKenna

Claimant

MGN Ltd.

Defendant

Procedural Posture

Libel Action / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the claimant should bear costs attributable to the abandoned malice/aggravated damages plea
  2. 2 Whether indemnity costs should be awarded to the claimant
  3. 3 How costs should be apportioned in light of both parties' conduct and specific case management issues

Ratio Decidendi

The claimant must pay the costs attributable to the malice/aggravated damages issue, as there was no legal basis for vicarious liability or conspiracy and the plea was abandoned. Indemnity costs are refused as Part 36 does not apply to settlements and the claimant's conduct did not justify such an order. The claimant's recoverable costs are reduced by 15% for evasive conduct and unnecessary expenditure, with further specific disallowances for the US university survey and certain case management costs. The defendant is awarded costs incurred after 28 July 2006, except where otherwise agreed.

Court Disposition

Costs apportioned: claimant to pay costs attributable to malice issue; claimant's recoverable costs reduced by 15%; defendant awarded costs after 28 July 2006; specific items disallowed; no indemnity costs.

Orders

  • Claimant to pay defendant's costs attributable to the malice/aggravated damages issue.
  • Claimant's recoverable costs reduced by 15% for conduct and unnecessary expenditure.